FI16795

Request

Under the Freedom of Information Act 2000, I would like to request the following information relating to water quality monitoring and governance concerning Deal Castle Beach and the surrounding bathing waters within the Dover District.

Councillor Briefings

Please provide copies of any briefing documents, reports, or updates provided to councillors concerning bathing water quality within the district since January 2025. If any of this information is already publicly available, please provide links to the relevant documents. If fulfilling this request would exceed the cost limit under the Act, please advise how the request might be refined so that the information can be provided.

Response

Your request has been dealt with under the Environmental Information Regulations 2004 (EIR), rather than the Freedom of Information Act as the information requested is ‘environmental information’ as it meets the definition set out in Regulation 2(1)(c) of the EIR. 

Attached are copies of the Portfolio Holder briefing notes. Please note that all unrelated information has been redacted from these briefing notes. In addition, any personal data has also been redacted as this information is exempt from disclosure under Regulation 13(1) of the EIR. Personal data is defined by Article 4(1) of GDPR and also Section 3 of the Data Protection Act 2018 and the release of this data would contravene the data protection principles. 

There are also a number of emails between officers and councillors that are considered exempt from disclosure under Regulation 12(4)(e) of the EIR. Regulation 12(4)(e) provides that a public authority may refuse to disclose information to the extent that it involves the disclosure of internal communications. 

The concept of a communication is broad and will encompass any information someone intends to communicate to others, or even places on file (including saving it on an electronic filing system) where others may consult it. In this case the emails were all sent internally between officers and relevant Councillors. This information clearly falls within the definition of an internal communication, and the Council is satisfied that Regulation 12(4)(e) is engaged. 

Regulation 12(4)(e) is subject to the public interest test as follows: 

Public interest test in favour of disclosure 

It is acknowledged there is an inherent public interest in how public authorities deal with matter they are responsible for. 

Public interest test for maintaining the exception 

In this matter, internal communications were exchanged in the belief that they would be private as the matters discussed were not in the public domain. Officers need to be able provide updates to relevant Councillors and exchange views in an open manner. In addition, the Council considers that the disclosure of the internal emails would inhibit free and frank discussions in the future. The loss of frankness and candour would damage the quality of discussion on matters that are not within the public domain and had been shared with the Council by third parties. 

It is therefore the Council’s view that that the public interest favours withholding the information in this matter.

Attachments

Attachment